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Karnataka Court April 2017 Judgments

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Apr 19 2017

Abdulsab Nannesab Totad @ Jekinkatti Vs. Sahadevappa Mallappa Suragond

Court: Karnataka Dharwad

Decided on: Apr-19-2017

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE19H DAY OF APRIL2017BEFORE THE HONBLE MR.JUSTICE SREENIVAS HARISH KUMAR R.S.A. No.86/2005 (DEC) BETWEEN:1. ABDULSAB NANNESAB TOTAD @ JEKINKATTI SINCE DECEASED BY HIS L.RS. 1A. GOUSUSAB S/O ABDULSAB TOTAD AGE :55. YEARS OCC:AGRICULTURE R/O KARADAGI TALUK SAVANUR DIST HAVERI-580001. 1B. MAULASAB S/O ABDULSAB TOTAD AGE. MAJOR OCC:AGRICULTURE R/O KARADAGI TALUK SAVANUR DIST HAVERI-580001 1C. GOODUMA W/O BADESAB SHIGGAON AGE : MAJOR OCC:AGRICULTURE & HOUSEHOLD R/O KARADAGI TALUK SAVANUR DIST HAVERI-580001. 1D. KADARBI W/O MAKKUMSAB SHIGGAON AGE : MAJOR OCC:AGRICULTURE & HOUSEHOLD R/O KARADAGI :2. : TALUK SAVANUR DIST HAVERI-580001. (BY SRI G.I. GACHCHINAMATH, ADVOCATE) AND :1. SAHADEVAPPA MALLAPPA SURAGOND SINCE DECEASED BY HIS L.RS. ... APPELLANTS1. NINGAWWA W/O SAHADEVAPPA SURAGOND1. DHARAMAPPA S/O SAHADEVAPPA SURAGOND1. CHANNAPPA S/O SAHADEVAPPA SURAGOND1. SURESH S/O SAHADEVAPPA SURAGOND ALL ARE MAJORS R/O SHEELAVANTH SOM...


Apr 18 2017

Naveenkumar Vs. The State of Karnataka represented by its Kunigal Poli ...

Court: Karnataka

Decided on: Apr-18-2017

(Prayer: This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, praying to quash complaint dated 11.12.2016 and FIR in No.445/2016 registered by the respondent by Kunigal P.S., Kunigal District, Tumkur within the jurisdiction of the Prl.Civil Judge and JMFC, Kunigal being Arbitrary and opposed to Law, Equity and Justice apart from being abuse of process of Court.) 1. Heard Shri S.P. Kulkarni, learned counsel appearing for the petitioner. 2. It is stated that the second respondent, a stranger to the subject matter in question has filed a complaint at 12.30 midnight on 10.12.2016 alleging offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, alleging that 200 plastic bags of food-grains containing rice in a mini lorry were being transported, contrary to law and it was suspected that the food-grains were brought from public distribution ration shop. On those allegations of the second respondent who is said to be the Presiden...


Apr 18 2017

The Manager United India Insurance Co. Ltd., Vs. Nitin S/O Vasanti Gol ...

Court: Karnataka Dharwad

Decided on: Apr-18-2017

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH R DATED THIS THE18H DAY OF APRIL2017BEFORE THE HONBLE MR. JUSTICE S.N. SATYANARAYANA MFA NO.25615/2012 (MV) BETWEEN: THE MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, ENKAY COMPLEX, 1ST FLOOR, KESHWAPUR, HUBLI-23, REP. BY DIVISIONAL MANAGER. (BY SRI NAGANGOUDA R.KUPPELUR, ADVOCATE) ... APPELLANT AND:1. 2. SRI NITIN S/O VASANTI GOLI, AGED ABOUT31YEARS, OCC: BUSINESS, R/O RANEBENNUR, HAVERI DIST. SHIVAYOGI S/O NEELAPPA YALIGAR, AGE: MAJOR, OCC: BUSINESS, R/O RANEBENNUR, HAVERI DIST. (OWNER OF MOTOR CYCLE NO.KA-27/H-9792) ... RESPONDENTS (BY SRI G.N.NARASAMMANAVAR FOR SRI LOKESH MALAVALLI, ADVOCATE FOR R1) (R2-NOTICE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION1731) OF MOTOR VEHICLE ACT, AGAINST THE JUDGMENT AND AWARD DATED0507.2012 PASSED IN MVC NO.231/2008 ON THE FILE OF THE ADDL.SENIOR CIVIL JUDGE & MACT, RANEBENNUR. 2 THIS APPEAL COMING ON FOR REPLY ARGUMENTS THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUD...


Apr 17 2017

M/s. Yash Investment Consultants, Represented By Its Proprietrix B. Pr ...

Court: Karnataka

Decided on: Apr-17-2017

(Prayer: This Crl.P is filed u/s.482 Cr.P.C Praying to set aside the Order Dated 20.10.2016 consequently quash the entire Order Sheet in C.C.No.16756/2016 on the file of XIX A.C.M.M., Bangalore. This Crl.P is filed U/S.482 Cr.P.C praying to set aside the Order Dated 20.10.2016 consequently quash the entire Order Sheet in C.C.No.16757/2016 on the file of XIX A.C.M.M., Bangalore. This Crl.P is filed u/s.482 Cr.P.C Praying to set aside the Order Dated 20.10.2016 consequently quash the entire Order Sheet in C.C.No.16759/2016 on the file of XIX A.C.M.M., Bangalore. This Crl.P is filed u/s.482 Cr.P.C Praying to set aside the Order Dated 20.10.2016 consequently quash the entire Order Sheet in C.C.No.16760/2016 on the file of XIX A.C.M.M., Bangalore. This Crl.P is filed u/s.482 Cr.P.C Praying to set aside the Order Dated 20.10.2016 consequently quash the entire Order Sheet in C.C.No.16761/2016 on the file of XIX A.C.M.M., Bangalore. This Crl.P is filed u/s.482 Cr.P.C Praying to set aside the O...


Apr 17 2017

Soujanya Patel Trust, Rep. By Secretary Chaitanya, Bangalore and Anoth ...

Court: Karnataka

Decided on: Apr-17-2017

(Prayer: This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to strictly adhere to the provisions of Section 12 of the RTE Act 2009 in the matter of Admission of Students in the Private Educational Institutions Falling under Sections 2(N)(Iii) of the RTE Act 2009. This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to quash the Government Order Dated 06.03.2017 issued by R-1 at Annex-Q and Etc. This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to strictly adhere to the provisions of Section 12 of the RTE Act 2009 in the matter of admission of students in the Private Educational Institutions Falling under Sections. 2(N)(Iii) of the RTE Act 2009.) S. Sujatha, J. 1. Since the common issues are involved in these matters, the same are heard and disposed of by this common order. 2. The action of the respondents in announcing the admissions of the ...


Apr 17 2017

Hemalatha Nayak @ Vijaya Laxmi Shenoy and Another Vs. U. Prabhakar Nay ...

Court: Karnataka

Decided on: Apr-17-2017

(Prayer: This Petition is filed under Section 115 of CPC., against the Judgment and Decree Dated 02.11.2016 passed in Ex.No.132/2016 on the file of the II Addl. Civil Judge and JMFC, Mangaluru, D.K., rejecting the obstruction Petition filed under Order XXI Rule 97 to 101 R/W Section 151 of CPC.) 1. The petitioner is before this Court in this revision petition filed under Section115 of the Civil Procedure Code ('CPC' for short), assailing the order dated 02.11.2016 passed by the II Addl. Civil Judge and JMFC Mangaluru, D.K. in Ex. Case No. 132/2016. 2. The respondent No.2 herein has levied the execution petition in Ex. Case No. 132/2016 against the respondent No.1 herein for execution of the decree passed in O.S.No.330/2007. In the said proceedings the petitioner claiming right in respect of the property involved has filed an application under Order XXI Rule 97 to 101 read with Section 151 of CPC in obstruction, to resist the execution of the decree. In that regard, the petitioner herei...


Apr 17 2017

Soujanya Patel Trust Vs. State of Karnataka

Court: Karnataka

Decided on: Apr-17-2017

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE17H DAY OF APRIL, 2017 BEFORE THE HONBLE MRS.JUSTICE S.SUJATHA W.P.No.14241/2017 c/w W.P.Nos.15631/2017 & 14240/2017 (EDN RES) IN W.P.No.14241/2017: BETWEEN : SOUJANYA PATEL TRUST NO.1056, 11TH MAIN, HAMPINAGAR, VIJAYANAGAR, BANGALORE-560104 REP. BY SECRETARY CHAITANYA ...PETITIONER (BY SRI S.BASAVARAJ, ADV.) AND :1. 2. 3.4. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, M.S.BUILDING, BANGALORE THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BANGALORE-560001 THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, KALASIPALYA, BANGALORE-560002 THE BLOCK EDUCATION OFFICER BANGALORE SOUTH DIVISION, SHANKARAPURAM,. BANGALORE-560004 RESPONDENTS - 2 - (BY SRI A.S.PONNANNA, ADDL. ADV. GENERAL A/W SRI H.T.NARENDRA PRASAD, AGA.) THIS W.P. IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO STRICTLY ADHERE TO THE PROVISIONS OF SECTION12OF THE RTE ACT2009IN THE MATT...


Apr 17 2017

Mrs. Hemalatha Nayak Vs. Sri U Prabhakar Nayak

Court: Karnataka

Decided on: Apr-17-2017

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE17H DAY OF APRIL2017BEFORE THE HONBLE MR. JUSTICE A S BOPANNA C.R.P.No.486/2016 BETWEEN: MRS. HEMALATHA NAYAK @ VIJAYA LAXMI SHENOY W/O M. SUBRAYA SHENOY AGED ABOUT64YEARS TANK COLONY VITOBA TEMPLE ROAD MANGALURU 575 002 ... PETITIONER SRI U. PRABHAKAR NAYAK S/O LATE SRI VITTAPPA NAYAK AGED ABOUT60YEARS KADRI TEMPLE ROAD MANGALURU 575 003 (BY SRI PRAKASH, ADV. FOR SRI JAGADESSH V.N., ADV.) AND:1. 2 SRI VIJAYA KUMAR TALEPPADI S/O SRI RAMAKRISHNA RAO AGED ABOUT62YEARS C/O B.N. RADHAKRISHNA RAO FLAT No.501, SRI LAKSHMI RESIDENCY ROAD KADRI TEMPLE ROAD MANGALURU 575 003 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI B.N. RADHAKRISHNA RAO S/O B. NARASAPPAYYA AGED ABOUT73YEARS FLAT No.501, 2 SRI LAKSHMI RESIDENCY ROAD, KADRI TEMPLE ROAD MANGALURU 575 003 ... RESPONDENTS (BY SRI KRISHNAMURTHY G. HASYAGAR, ADV. FOR R2 NOTICE TO R1 IS DISPENSED WITH V/C/O DATED2202.2017) THIS PETITION IS FILED UNDER SECTION115OF CPC., AGAINST THE...


Apr 13 2017

Dr.(Ms.) Rachana Kishore Ubrangala Vs. St. John's National Academy of ...

Court: Karnataka

Decided on: Apr-13-2017

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the entire process of admission for Postgraduate Programme for the Academic Year 2017-2018 conducted by the First Respondent as arbitrary, Illegal and Ultra Vires the provisions of the Indian Medical Council Act, 1956, and the law declared by the Hon'ble Supreme Court of India, as detailed in the Postgraduate prospectus 2017-2018 of St.John's Medical College, Bangalore 560 034 and consequently quash the Postgraduate Interview list published by the first respondent vide its Communication Dated 10th February, 2017 produced as Annexure-A) H.G. Ramesh, J. 1. The real question that requires to be considered in this case is as to whether respondent no.1-St. John's Medical College, Bengaluru, which is stated to be an unaided minority educational institution is justified in admitting students to Postgraduate courses by following its own procedure without the seats being allotted to it ...


Apr 13 2017

Veerashetty and Another Vs. Suresh

Court: Karnataka Kalaburagi

Decided on: Apr-13-2017

(Prayer: This RPFC filed under Section 19 (4) of the Family Courts Act, praying to call for records and set aside the judgment and order dated 9.2.2017 passed by the District Judge, Family Court, Kalaburagi, in Crl. Misc.No.90/2015.) 1. Parties are referred to as per their ranking before the Family Court. 2. It is most unfortunate that the educated sons i.e., lecturer and driver have filed the present revision petition against the order dated 09.02.2017 made in Crl.Misc.No.90/2015 on the file of the District Judge, Family Court, Kalaburagi allowing the petition filed by the respondent petitioner, who is the father of the present petitioners-respondents, directing to pay maintenance of Rs.5,000/- per month by respondent No.1 and Rs.2,500/- per month by respondent No.2 from the date of the petition. 3. The present respondent, who is the father of the petitioners aged about 67 years filed a claim petition under Section 125 of the Criminal Procedure Code before the Family Court against h...


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